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AMENDED MICHIGAN MUTUAL AID BOX ALARM SYSTEM ASSOCIATION
AGREEMENT
Effective Date: |). -} 0- BoD’
BETWEEN
PARTICIPATING POLITICAL SUBDIVISIONS AS SIGNATORIES
TO THIS INTERLOCAL GREEMENT
This Agreement is entered into between the participating units of local
government “Parties” that execute this Agreement and adopt its terms and conditions as
provided by law. This Agreement supersedes any and all prior Agreements and
amendments to the Michigan Mutual Aid Box Alarm System Association Agreement.
WHEREAS, the Constitution of the State of Michigan, 1963, Article VII, Section
28, authorizes units of local government to contract as provided by law; and,
WHEREAS, the Urban Cooperation Act, of 1967, 1967 PA 7, MCL 124.501, et
seq., provides that any political subdivision of Michigan or of another state may enter
into interlocal agreements for joint exercise of power, privilege, or authority that
agencies share in common and might each exercise separately; and,
WHEREAS, the Parties have determined that it is in their best interests to enter
into this Agreement to secure to each the benefits of mutual aid in fire protection,
suppression, rescue and emergency medical assistance, hazardous materials control,
technical rescue and/or other emergency support for an Emergency, Disaster, or other
Serious Threat to Public Health and Safety; and,
WHEREAS, the Parties have determined that it is in their best interests to form
an association to provide for communications procedures, training, and other functions
to further the provision of said protection of life and property during an Emergency,
Disaster, or other Serious Threat to Public Health and Safety; and
WHEREAS, the Constitution and people of the State of Michigan have long
recognized the value of cooperation by and among the state and its political
subdivisions;
NOW, THEREFORE, the Parties agree as follows:
SECTION ONE
Purpose
It is recognized and acknowledged that in certain situations, such as natural
disasters and man-made catastrophes, no political subdivision possesses all the
necessary resources to cope with every possible Emergency, Disaster or Serious
Threat to Public Safety, and an effective, efficient response can be best achieved by
leveraging collective resources from other political subdivisions. Further, it is
acknowledged that coordination of mutual aid through the Michigan Mutual Aid Box
Alarm System Association (MI-MABAS) is most effective for best practices and efficient
provision of mutual aid.
SECTION TWO
Definitions
The Parties agree that the following words and expressions, as used in this Agreement,
whenever initially capitalized, whether used in the singular or plural, possessive or non-
possessive, either within or without quotation marks, shall be defined and interpreted
as follows:
A. “Agreement” means the MI-MABAS Agreement.
B. “Michigan Mutual Aid Box Alarm System” (“MABAS”) means a definite and
prearranged plan whereby response and assistance is provided to a
Requesting Party by an Assisting Party in accordance with the system
established and maintained by MI-MABAS Members;
“Party” means a political subdivision which has entered into this
Agreement as a signatory;
“Requesting Party” means any Party requesting assistance under this
agreement;
“Assisting Party” means any Party furnishing equipment, personnel, and/or
services to a Requesting Party under this agreement;
“Emergency” means an occurrence or condition in a Party’s jurisdiction
which results in a situation of such magnitude and/or consequence that it
cannot be adequately handled by the Requesting Party and such that a
Requesting Party determines the necessity of requesting aid;
“Disaster” means an occurrence or threat of widespread or severe
damage, injury, or loss of life or property resulting from a natural or
human-made cause, including fire, flood, snowstorm, ice storm, tornado,
windstorm, wave action, oil spill, water contamination, utility failure,
hazardous peacetime radiological incident, major transportation accident,
hazardous materials incident, epidemic, air contamination, or similar
occurrences resulting from terrorist activities, riots, or civil disorders;
“Serious Threats to Public Health and Safety” means other threats or
incidents such as those described as Disasters, of sufficient magnitude
that the necessary public safety response threatens to overwhelm local
resources and requires mutual aid or other assistance;
“Division” means the geographically associated Parties which have been
grouped for operational efficiency and representation of those Parties;
“Training” means the regular scheduled practice of emergency procedures
during non-emergency drills to implement the necessary joint operations
of MI-MABAS;
“Executive Board” means the governing body of Mi-MABAS composed of
Division representatives.
“Effective Date” means the date on which the Agreement is first filed with
the Department of State, the Office of the Great Seal, and each county
where Parties are located.
“Special Operations Teams” means MI-MABAS recognized teams of
personnel with the requisite training and skill for Hazardous Materials
Response, Technical Rescue Response (including Strike Teams and
Michigan Task Force 1) and Incident Management Teams.
SECTION THREE
Establishment of the Association, the Divisions
and Executive Board of MI-MABAS
A. Establishment of the Association
1. The Parties intend and agree that MI-MABAS is established as separate
legal entity and public body corporate pursuant to the Michigan Urban
Cooperation Act of 1967, 1967 PA, MCL 124.505(c) and this Agreement.
2. Name of MI-MABAS. The formal name of the Association is “Michigan
Mutual Aid Box Alarm System Association’.
3. Federal Tax Status. The Parties intend that MI-MABAS and all Divisions
shall be exempt from federal income tax under Section 115(1) of the
Internal Revenue Code of 1986, as amended, or corresponding provisions
of any future tax code
4. State and Local Tax Status. The parties intend that the MI-MABAS and
all Divisions shall be exempt from all State and local taxation including, but
not limited to, sales, use, income, single business, and property taxes
under the applicable provisions of the laws of the State.
5. Title to MIMMABAS Property. All property is owned by MI-MABAS as a
separate legal entity. MI-MABAS may hold any of its property in its own
name or in the name of one (1) or more of the Parties or Divisions, as
determined by the Parties.
6. Principal Office. The principal office of the Association (“Principal Office”)
shall be at such locations determined by the MI-MABAS Executive Board.
B. Establishment of the Executive Board.
An Executive Board shall be established to consider, adopt, and amend
needed rules, procedures, by-laws and any other matters deemed necessary
by the Parties. The Executive Board shall consist of a member elected from
each Division of MI-MABAS who shall serve as the voting representative of
said Division of MI-MABAS matters, and may appoint a designee from his or
her Division to serve temporarily in his or her stead. Such designee shall
have all rights and privileges attendant to a representative of the Division. A
President and Vice President shall be elected from the representatives of the
Parties and shall serve without compensation. The President and other
officers shall coordinate the activities of the MI-MABAS Association.
SECTION FOUR
Duties of the Executive Board
The Executive Board shall meet regularly to conduct business and to consider
and publish the rules, procedures, and bylaws of the MI-MABAS Association, which
shall govern the Executive Board meetings and such other relevant matters as the
Executive Board shall deem necessary.
SECTION FIVE
Rules and Procedures
Rules, procedures, and by laws of the MI-MABAS Association shall be
established by the Member Units via the Executive Board as deemed necessary for the
purpose of administrative functions, the exchange of information, and the common
welfare of the MI-MABAS.
SECTION SIX
Authority and Action to Effect Mutual Aid
A. — The Parties hereby authorize and direct their respective Fire Chief or his or her
designee to take necessary and proper action to render and/or request mutual aid
from the other Parties in accordance with the policies and procedure established
and maintained by the MI-MABAS Association.
B. Upon a Fire Department's receipt of a request from another Party for Fire
Services, the Fire Chief, the ranking officer on duty, or other officer as designated
by the Fire Chief shall have the right to commit the requested Firefighters, other
personnel, and Fire Apparatus to the assistance of the requesting Party. The aid
rendered shall be to the extent of available personnel and equipment not
required for adequate protection of the territorial limits of the Responding Party.
The judgment of the Fire Chief, or his or her designee, of the Responding Party
shall be final as to the personnel and equipment available to render aid.
C. An authorized representative of the Party which has withheld or refused to
provide requested assistance under this Agreement shall immediately notify the
Requesting Party, and shall submit an explanation for the refusal.
SECTION SEVEN
Jurisdiction Over Personnel and Equipment
Personnel dispatched to aid a party pursuant to this Agreement shall at all times
remain employees of the Assisting Party, and are entitled to receive benefits and/or
compensation to which they are otherwise entitled to under the Michigan Workers’
Disability Compensation Act of 1969, any pension law, or any act of Congress.
Personnel dispatched intrastate to assist a party pursuant to this Agreement continue to
enjoy all powers, duties, rights, privileges, and immunities as provided by Michigan Law.
When Parties are dispatched pursuant to the Emergency Management Assistance
Compact (EMAC), the Parties shall adhere to all provisions of the EMAC. Personnel
rendering aid shall report for direction and assignment at the scene of the emergency to
the Incident Commander of the Requesting Party.
SECTION EIGHT
Compensation for Aid
Equipment, personnel, and/or services provided pursuant to this Agreement,
absent a state or federal declaration of emergency or disaster, excluding resources for
Special Operations Teams, shall be at no charge to the Requesting Party for the first
eight hours. Any expenses recoverable from third parties shall be equitably distributed
among Responding Parties. Requests for a response from any MI-MABAS Special
Operations Team may require full and complete reimbursement to the responding Team
for all expenses, including but not limited to, expenses for equipment, personnel,
management and administration and all other services provided at an incident. The
Executive Board shall adopt fee schedules that establish rates for Special Operations
Team responses. Nothing herein shall operate to bar any recovery of funds from any
state or federal agency under any existing statues. The Parties reserve the right to
waive any charges to a Requesting Party.
SECTION NINE
Insurance
Each Party shall procure and maintain, at its sole and exclusive expense,
insurance coverage, including comprehensive liability, personal injury, property
damage, worker's compensation, and, if applicable, emergency medical service
professional liability, with minimum limits of $1,000,000 auto and $1,000,000 combined
single limit general liability and professional liability. The obligations of the Section may
be satisfied by a Party’s membership in a self-insurance pool, a self-insurance plan, or
arrangement with an insurance provider approved by the state of jurisdiction. The
Executive Board may require that copies or other evidence of compliance with the
provisions of this Section be provided by the Parties to the Executive Board.
SECTION TEN
Liability
Each Party will be solely responsible for the acts of its own employees, agents,
and subcontractors, the costs associated with those acts, and the defense of those acts.
The Parties shall not be responsible for any liability or costs associated with those acts
and the defense of those acts for Parties outside of their political jurisdictions. It is
agreed that none of the Parties shall be liable for failure to respond for any reason to
any request for Fire Services or for leaving the scene of an Incident with proper notice
after responding to a request for service.
SECTION ELEVEN
No Waiver of Governmental Immunity
All of the privileges and immunities from liability, and exemptions from laws,
ordinances and rules, and all pensions, relief, disability, worker's compensation and
other benefits which apply to the activity of Parties, officers, agency, or employees of
any public agents or employees of any public agency when performing their respective
functions within the territorial limits for their respective agencies, shall apply to the same
degree and extent to the performance of such functions and duties of such Parties,
officers, agents, or employees extraterritorially under the provision of this Agreement.
No provision of the Agreement is intended, nor shall any provision of this Agreement be
construed, as a waiver by any Party of any governmental immunity as provided by the
Act or otherwise under law.
SECTION TWELVE
Term
A. The existence of MI-MABAS commences on the Effective Date and continues
until terminated in accordance with this Section.
B. Any Party may withdraw, at any time, from this Agreement for any reason, or for
no reason at all, upon thirty (30) days written notice to the Association. The
withdrawal of any Party shall not terminate or have any effect upon the provisions
of this Agreement so long as the MI-MABAS remains composed of at least two
(2) Parties. Parties withdrawing from MI-MABAS and subsequently requesting a
mutual aid resource from a MI-MABAS member may be subject to reasonable
fees for that resource according to the fee schedule established, and periodically
reviewed and updated, by the Executive Board.
This Agreement shall continue until terminated by the first to occur of the
following:
(i) The Association consists of less than two (2) Parties; or,
(ii) A unanimous vote of termination by the total membership of the Executive
Board.
SECTION THIRTEEN
Miscellaneous
Entire Agreement. This Agreement sets forth the entire agreement between the
Parties. The language of this Agreement shall be construed as a whole according
to its fair meaning and not construed strictly for or against any party. The Parties
have taken all actions and secured all approvals necessary to authorize and
complete this Agreement.
Severability of Provisions. If a Court of competent jurisdiction finds any provision
of this Agreement invalid or unenforceable, then that provision shall be deemed
severed from this Agreement. The remainder of this Agreement shall remain in
full force.
Governing Law/Consent to Jurisdiction and Venue. This Agreement is made and
entered into in the State of Michigan and shall in all respects be interpreted,
enforced, and governed under the laws of the State of Michigan.
Captions. The captions, headings, and titles in this Agreement are intended for
the convenience of the reader and not intended to have any substantive meaning
and are not to be interpreted as part of this Agreement.
Terminology. All terms and words used in this Agreement, regardless of the
numbers or gender in which they are used, are deemed to include any other
number and any other gender as the context may require.
Recitals. The Recitals shall be considered an integral part of this Agreement.
Amendment. The Agreement may be amended or an alternative form of the
Agreement adopted only upon written agreement and approval of the governing
bodies of all Parties. Amendments to this Agreement shall be filed with the
Department of State, the Office of the Great Seal, each county of the State where
a Party is located, and any other governmental agency, office, and official
required by law. The undersigned unit of local government or public agency
hereby adopts, subscribes, and approves this Agreement to which this signature
page will be attached, and agrees to be a party and be bound by the terms.
Compliance with Law. The Association shall comply with all federal and State
laws, rules, regulations, and orders applicable to this Agreement.
No Third Party Beneficiaries. Except as expressly provided herein, this
Agreement does not create, by implication or otherwise, any direct or indirect
obligation, duty, promise, benefit, right of indemnification (i.e., contractual, legal,
equitable, or by implication) right of subrogation as to any Party’s rights in this
Agreement, or any other right of any kind in favor of any individual or legal entity.
Counterpart Signatures. This Agreement may be signed in counterpart. The
counterparts taken together shall constitute one (1) agreement.
Permits and Licenses. Each Party shall be responsible for obtaining and
maintaining, throughout the term of this Agreement, all licenses, permits,
certificates, and governmental authorizations for its employees and/or agents
necessary to perform all its obligations under this Agreement. Upon request, a
Party shall furnish copies of any permit, license, certificate or governmental
authorization to the requesting party.
L. No Implied Waiver. Absent a written waiver, no fact, failure, or delay by a Party to
pursue or enforce any rights or remedies under this Agreement shall constitute a
waiver of those rights with regard to any existing or subsequent breach of this
Agreement. No waiver of any term, condition, or provision of this Agreement,
whether by conduct or otherwise, in one or more instances shall be deemed or
construed as a continuing waiver of any term, condition, or provision of this
Agreement. No waiver by either Party shall subsequently affect its right to
require strict performance of this Agreement.
M. Notices. Notices given under this Agreement shall be in writing and shall be
personally delivered, sent by express delivery service, certified mail, or first class
U.S. mail postage prepaid to the person appointed to the governing board by the
governing body of the participating agency.
Ciny of Muskegon
Political Entity
Chief Executivé Official FC ToAnSe7, AJayor
3-95- JOYS
Date
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